motions for judgement

[dpearce6660]

What is the name of your state (only U.S. law)? Tennesee

I am in Tennessee I have a civil lawsuit filed in small claims court. The defendent has not writen a letter responding to my complaint I filed on august 1st 2010 going to court the end march. IS he requered by law to file an answer before the court date.. Can i ask for judgemnet on the grounds that he has not filed an answer?

 

[dpearce6660]

Thanks for the answer. Then I would presume that it is not required to file an answer in small claims.

 

[AdivceGiver]

Thanks for the answer. Then I would presume that it is not required to file an answer in small claims.

It is required but judges can do what they want in small claims; I guess they really need to have this latitude.

 

[latigo]

Regardless of whether a response to your claim is filed and regardless of whether the defendant shows up for the trial, it will still be your burden to produce competent evidence/testimony showing that you are entitled to a judgment as matter of law.

Small claims procedures are not so lax that they have substituted rubber stamps for the need to prove your lawsuit.

 

[dpearce6660]

No problem I have all my proof in order..
By the way can a Judge call the disapline committee of TN supreame court to find out what there decision is.. The board will not give me an answer but perhaps a judge??? they will give me an answer when my civil suit is finished.. And By the way the defendent is an attorney and should have known he needed to respond to my complaint along with his attorney that is representing him.. He has already pulled his own TN practice and now onlt has South CArolina as his Juristiction wich leeds me to believe he already knows the disapline committes answer. This laywers behavior has not only been unethical but also illegal. as well as slanderous.

 

[dpearce6660]

motion for judgement

I went down to the Washington County TN court house to file my motion for default judgemnt.
The cleck told me the judge would not see the motion until we stand before him on our court date. How do i get the defendents to file an answer if the judge does not order them to, And then I need time to review the answer he gives. This person I am taking to court is an attorney so he should know the rules of civil proceedure rule 55 that states he must give an answer in writing. So if the judge will not see my motion how can I get an naswer to my complaint and the judement for default??

 

[Willlyjo]

I went down to the Washington County TN court house to file my motion for default judgemnt.
The cleck told me the judge would not see the motion until we stand before him on our court date. How do i get the defendents to file an answer if the judge does not order them to, And then I need time to review the answer he gives. This person I am taking to court is an attorney so he should know the rules of civil proceedure rule 55 that states he must give an answer in writing. So if the judge will not see my motion how can I get an naswer to my complaint and the judement for default??

It is obvious that an answer is not necessary in the small claims matter you filed. The court hearing will allow you and the defendant to come to a conclusion one way or the other.